Federalism in the US

Fill out the Venn diagram with at least three decisions in each section. Then answer the following questions. 1. What types of decisions do your parents make for you? What types of decisions do you make for yourself? What types of decisions do you make together? 2. Why are some decisions shared while others are not? 3. What are the benefits/drawbacks of this? 4. How do you think this system of making decision is similar to the way of power flows between national and state governments?

Divides power between the central government and state governments Three types of powers: Delegated: powers granted to the national gov’t Enumerated(Expressed)-specifically listed in the Constitution (ex: collect taxes, coin money, declare war) Implied-not specifically granted in Constitution “Necessary and Proper” clause=Elastic clause McCulloch v. Maryland 1819 Inherent- Powers that naturally belong to any government of a sovereign country Not mentioned in the Constitution//Relate to foreign affairs Reserved: powers kept by the states (ex: marriage & divorce laws, driver’s licenses, public schools, ect) Concurrent: shared by the state and federal government (ex: taxation and law enforcement)

Responsibilities Federal government and state governments have responsibilities toward each other Federal: Making sure states have republican governments Protecting states from violent actions Respecting states territories State Est. boundaries for districts for House elections Set rules for electing Congressional members Maintain National Guard units to be called by governor for emergencies

Benefits of a Federal System Protects against tyranny of the majority -if a member of the minority feels abused, they can move to another state Promotes unity without imposing uniformity -allows states to pass laws that reflect needs and goals of their citizen while remaining part of the union Creates “laboratories” for policy experiments -if a state tries a new idea and succeeds, other states may follow Encourages political participation -provides opportunity for people to be involved closer to home

Drawbacks Lack of consistency of laws state to state Traffic laws, speed limits, licensing Often creates tension between state and federal officials Doesn’t always draw a clear line of division (ex. Wildlife, air quality)

Dual Federalism From 1790-1933 maintained strict division of powers Dual or Layer Cake Federalism McCulloch v Maryland 1819 Gibbons v Ogden 1824 Interstate and intrastate commerce

Cooperative Federalism Began in 1933 marble cake federalism grants-in-aid: funds given by the federal government to state and local governments

Regulated Federalism Began with Johnson’s Great Society (he called it creative federalism) Huge increase in federal involvement in state & local Welcomed influx of fed funds, but not happy about the regulations Unfunded mandates: programs and regulations on state/local governments by Congress without adequate funding attached Could declare they’re fixing problems without having to raise taxes//put burden on states

New Federalism 1968- Nixon promised to restore “true” federalism by reigning in federal power Devolution: return power to the states Block grants: grants-in-aid where states could decide how to best spend money received

Case 1: United States v. Lopez

Case 2: Lorillard Tobacco Co v. Reilly

Case 3: Alaska Department of Environmental Conservation v. EPA

Read section 4 on State Governments and answer the following questions What do state constitutions show about how power is distributed in our federal system? Create an illustration that will help you remember important information about the three branches of state government. On your illustration, record notes about the role of state legislatures, state governors and state court systems.

Create this chart in your notes, then read section 5 on local government and complete the chart. Local Government System How Is It Organized? What Is It’s Purpose? Counties, parishes, and boroughs Mayor-council system Commission system Council-manager system Special-purpose district